HomeMy WebLinkAbout2009-03-17; City Council; 19750; Local Emergency Repair of Sewer Line Carlsbad BlvdCITY OF CARLSBAD - AGENDA BILL
AB# 19,750
MTG. 03/17/09
DEPT. PW-M&O
DECLARATION OF LOCAL
EMERGENCY FOR REPAIR OF THE
SEWER LINE AT CARLSBAD BLVD.
DEPT. HEAD
CITY ATTY.
CITY MGR.
RECOMMENDED ACTION:
Adopting a Resolution to proclaim the existence of a Declaration of Local Emergency for the repair of a
sewer line.
ITEM EXPLANATION:
On March 10, 2009 conditions of extreme peril to the safety of persons and property arose within the City
of Carlsbad caused by extreme corrosion of an 8" sewer line conveying wastewater from the east
side of Carlsbad Blvd. at Pine Street, in Carlsbad, California.
ENVIRONMENTAL IMPACT:
Emergency projects are statutorily exempt from CEQA pursuant to CEQA Guidelines section 15269.
FISCAL IMPACT:
Funds will be estimated and identified by the Public Works Engineering Department and brought to the
Council in a separate action.
EXHIBITS:
1. Declaration of Local Emergency;
2.Resolution No.2009-054 proclaiming the Declaration of Emergency
for the repair of a sewer line at Carlsbad Blvd.
DEPARTMENT CONTACT: Mark Stone 760-438-2722 mston@ci.carlsbad.ca.us
FOR CITY CLERKS USE ONLY.
COUNCIL ACTION: APPROVED ft
DENIED D
CONTINUED D
WITHDRAWN D
AMENDED D
CONTINUED TO DATE SPECIFIC D
CONTINUED TO DATE UNKNOWN D
RETURNED TO STAFF D
OTHER - SEE MINUTES D
DECLARATION OF LOCAL EMERGENCY
WHEREAS, the City Council of the City of Carlsbad empowers the City Manager
to proclaim the existence of a local emergency when said City is affected by a public
calamity and the City of Council is not in session; and
WHEREAS, the City Manager of the City of Carlsbad does hereby find:
That on March 10, 2009 conditions of extreme peril to the safety of persons and
property have arisen within the City of Carlsbad caused by a severe deterioration of the
sewer infrastructure at Carlsbad Boulevard and Pine Street, in Carlsbad, California; and
That these conditions created an unexpected occurrence that posed a clear and
imminent danger and required immediate action to prevent or mitigate the loss or
impairment of life, health, property, or essential public services, and are or are likely to
be beyond the control of the services, personnel, equipment and facilities of the City of
Carlsbad; and
That these conditions did not permit a delay resulting from a competitive
solicitation for bids, and that the action was necessary to respond to the emergency; and
That the City Council of the City of Carlsbad was not in session and could not
immediately be called into session.
NOW, THEREFORE, IT IS HEREBY PROCLAIMED that a local emergency
now exists in the City of Carlsbad; and
IT IS FURTHER PROCLAIMED AND ORDERED that during the existence of
said local emergency, the powers, functions and duties of the emergency organization of
City of Carlsbad are those prescribed by state law, by ordinances and resolutions of the
City of Carlsbad Emergency Plan.
Dated: > > By:
Lisa Hildabrand, City Manager
City of Carlsbad
1 RESOLUTION NO. 2009-054
2 A RESOLUTION OF THE CITY OF CARLSBAD CITY COUNCIL
OF CARLSBAD, CALIFORNIA, PROCLAIMING A
3 DECLARATION OF A LOCAL EMERGENCY
4
5 WHEREAS, on March 10, 2009 conditions of extreme peril to the safety of
6 persons and property arose within the City of Carlsbad caused by extreme corrosion of
7 an 8" sewer line conveying wastewater from the east side of Carlsbad Blvd. at Pine
8 Street, in Carlsbad, California; and
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10 WHEREAS, these conditions created an unexpected occurrence that posed a
11 clear and imminent danger and required immediate action to prevent or mitigate the loss
12 or impairment of life, health, property, or essential public services, and are or are likely
13 to be beyond the control of the services, personnel, equipment and facilities of the City
14 of Carlsbad; and
WHEREAS, these conditions did not permit a delay resulting from a competitive
16 solicitation for bids, and that the action was necessary to respond to the emergency;
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and
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WHEREAS, the City Council of the City of Carlsbad was not in session and could
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not immediately be called into session; and
21 WHEREAS, in the event of an emergency, Section 3.28.130 of the Carlsbad
22 Municipal Code gives the City Manager authority to declare a public emergency subject
23 to confirmation by the City of Carlsbad City Council, by four-fifths vote at its next
24 regularly scheduled meeting following the declaration of the emergency.
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1 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
2 Carlsbad, California, as follows:
3 1. That the above recitations are true and correct.
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2. There is a need to proclaim the state of the local emergency that occurred
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on Tuesday, March 10, 2009, by adoption of Resolution No. 2009-054.
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3. That the City Manager or her designee is authorized and directed to
8 complete and file all appropriate forms and documents necessary to abate the
9 emergency and to obtain the maximum cooperation and assistance both financial and
10 otherwise in responding to this emergency.
4. That every fourteen days the City Manager shall review with the City
12 Council the emergency actions taken to date and determine the need to continue the
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emergency.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 17th day of March, 2009, by the following vote to wit:
AYES: Council Members Lewis, Kulchin, Hall, Packard and Blackburn.
NOES: None.
ABSENT: None.
CLAL
ATTEST:
_EW S, Mayor
LORRAINE M. WOOD, City Clerk
(SEAL)